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Abogado de InmigraciónMon, 05 Nov 2018 16:44:44 +0000en-UShourly1https://wordpress.org/?v=4.8.7DACA CONTINUEShttp://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/OpWBpicFvkw/
https://immigrationnewsnetwork.com/blog/daca-continues/#respondTue, 04 Sep 2018 16:52:40 +0000http://immigrationnewsnetwork.com/?p=2133Federal judge denies Texas’ request to end the program. A few days ago, we commented about the instability DACA has represented for The Dreamers: One day […]

A few days ago, we commented about the instability DACA has represented for The Dreamers: One day there’s news about judges like John D. Bates, demanding answers from the administration in relation to the unjustified and abrupt cancellation of the program (or else would order to rehabilitate the program’s capacity to accept new applications) and on the other hand we hear states like Texas requesting to cancel the program, claiming it is unconstitutional.

In the middle of this mess we find the young people who were brought to the country by their parents, and who see America as their home Even though DACA does not provide the Dreamers with an immigration adjustment to become citizens, it does give them a work permit, an opportunity to study and live a somewhat normal life…if you want to include the constant uncertainty of whether you will wake up here or in an unknown land as “normal” It is a complicated situation for the estimated 689,800 people under the program and a clear solution is not in the forecast anytime soon.

This week, however, the Dreamers are celebrating the decision of Federal Judge Andrew Hanen, of not granting the State of Texas’s request of canceling DACA as they claim the program is unconstitutional. Let’s keep in mind that Hanen had a history with DACA, as he cancelled DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) therefore, this decision was somewhat a surprise for all the young people under the program.

This subject will continue to make headlines indefinitely, hence Sean Lewis’ constant recommendation to the Dreamers to seek another path to their immigration status as soon as possible.
Visit AILA.org for a list of immigration attorneys in your area who may assist you in finding all the options you may have if you are under the Deferred Action for Childhood Arrivals (DACA)

]]>https://immigrationnewsnetwork.com/blog/daca-continues/feed/0https://immigrationnewsnetwork.com/blog/daca-continues/VAWA may help you obtain permanent residencyhttp://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/o9KUC6IqTSI/
https://immigrationnewsnetwork.com/blog/vawa-can-help-you-get-residency/#respondTue, 03 Jul 2018 15:56:43 +0000http://immigrationnewsnetwork.com/?p=2083Have you been a victim of domestic violence by a US citizen or residence? VAWA may grant you permanent residency. VAWA stands for Violence Against Women […]

]]>Have you been a victim of domestic violence by a US citizen or residence? VAWA may grant you permanent residency.

VAWA stands for Violence Against Women Act, however it is not exclusive for women; if you are a man or male child who is suffering abuse from a family member, you may be a beneficiary.

In the United States of America, violence is unacceptable and it is every citizen’s (and resident’s) obligation to comply with the law. Before the constitution it is not allowed for any individual to abuse, in any way, of any of his/her family members and VAWA is focused in protecting those who are still not permanent residents but have been victims of violence from a relative who is a citizen or resident.

4 things you need to know about VAWA:

YOU DO NOT NEED AUTHORIZATION FROM THE ABUSER TO APPLY FOR VAWA

If your resident or citizen spouse physically, verbally or mentally abuses you or your children -even if they are not his/her children- YOU MAY QUALIFY FOR VAWA

If your resident or citizen children mistreat you, YOU MAY QUALIFY FOR VAWA

If your resident or citizen parents are abusive against you, YOU MAY QUALIFY FOR VAWA

*If you have divorced the abusive person, you have up to two years afrter divorce to apply for VAWA.
*If the abusive spouse (or family member) died, you have up to two years after the death of that person to apply for VAWA.

At the law offices of the immigration lawyer in Memphis, Sean Lewis, we know VAWA may help you obtain permanent residency if you´ve been a victim of domestic violence by a citizen or resident and we´re here to provide you with information as well as help you apply for this benefit. Call us, (615)226-4236

]]>https://immigrationnewsnetwork.com/blog/vawa-can-help-you-get-residency/feed/0https://immigrationnewsnetwork.com/blog/vawa-can-help-you-get-residency/RAID IN OHIO: 114 arrested by ICEhttp://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/8T-PaxW174I/
https://immigrationnewsnetwork.com/uncategorized/raid-ohio-114-arrested-ice/#respondThu, 14 Jun 2018 18:01:19 +0000http://immigrationnewsnetwork.com/?p=2076 The largest raid during Trump´s mandate took place in Ohio at Corso’s Flower & Garden Center, a landscaping company and 114 employees were detained. No charges […]

The largest raid during Trump´s mandate took place in Ohio at Corso’s Flower & Garden Center, a landscaping company and 114 employees were detained. No charges have been presented against the company yet, however, landscapers are concerned about their businesses’ future as they struggle to find workers ever since returning workers are no longer exempt from the H2B cap.

This raid in Ohio will affect many others

The raid in Sandusky has left many business owners concerned as they struggle with the ripple effect of the “Zero-Tolerance” immigration policy and the fear that it will only get worse. Many of them weren’t granted permits for the foreign workers they were counting on for the season. The president of Green Impressions in Sheffield, Ohio, commented that all of the 18 foreign workers he had been counting on for this year, were denied the permit, and hasn’t been able to find reliable employees. Five new hires just quit, and “what’s left out there can’t pass a drug test.” said Joe Schill, whose business has had no other choice but to turn down jobs, losing $300,000 in just April and May.

]]>https://immigrationnewsnetwork.com/uncategorized/raid-ohio-114-arrested-ice/feed/0https://immigrationnewsnetwork.com/uncategorized/raid-ohio-114-arrested-ice/What To Do in Case I See ICE:http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/28Gd7tn4Y1o/
https://immigrationnewsnetwork.com/blog/case-see-ice/#respondTue, 15 May 2018 15:08:08 +0000http://immigrationnewsnetwork.com/?p=2030What happens if ICE comes? Lately, it has been so crazy with constant news about changes in immigration topics, and raids all around the country. We […]

]]>What happens if ICE comes? Lately, it has been so crazy with constant news about changes in immigration topics, and raids all around the country. We are here to help and we have some tips in case ICE knocks at your door.

First, DO NOT OPEN THE DOOR. They might try to trick you into opening the door, but you have the right to stay quiet. Unless they have a warrant, they cannot enter your home. If they say that they have a warrant, still do not let them in. Ask them to slip the warrant under the door. Look for your full name, address, and for official signature from a court. If it is from the court, it is the law to let them in. If not, do not answer any questions. We understand it may be scary..

Here’s what you can say if they do not have an official warrant:

“I do not wish to speak with you.”

Based on the 5th Amendment, you do not have to answer questions.

“I do not give you permission to enter my house.”

Based on the 4th Amendment, you do not have to let them in unless they have a court warrant.

How to plan if ICE comes:

Have a family plan. Think about, “What is going to happen to my kids? Who will take care of them if ICE comes?”

Have a safe guardian to take care of them, if worst comes to worst. Most importantly, remember their number in case you are incarcerated. Make sure they know what the situation could come to and the possibility of them having to watch and care for them through disabilities, allergies, or medications.

Ask and see if you are eligible for a bond.

What is a bond?

A bond is an agreement to get out of jail through paying money or fees.

Know your A# if you are incarcerated, because this could help your family or lawyer find out whether you qualify for a bond.

Ask yourself, “Where am I going to get the money? What do I do if I don’t have enough?”

Can a family member help? If not, please plan ahead. Think about saving and keeping money aside in case.

Who can I call if I don’t know what to do?

If you get a bond, call Gonzales Bond at 1-800-628-8888! Or check out their page here.

If you cannot get a bond, call us! 615-226-4236! Or make sure your lawyer is ensured by AILA.

Important recommendations:

Do not drive without drivers license! If driving without a license, it is the law to pull over when detained by an officer. It is not the same as when they come to your door, you do have to show identification.

For this matter, consider visiting ann AILA.org certified attorney to let you know about your options to legalize your status!

]]>https://immigrationnewsnetwork.com/blog/case-see-ice/feed/0https://immigrationnewsnetwork.com/blog/case-see-ice/In need of an EB-1?http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/-NKVRayrLXI/
https://immigrationnewsnetwork.com/blog/need-eb-1/#respondMon, 14 May 2018 17:12:53 +0000http://immigrationnewsnetwork.com/?p=2007Are you in need of an EB-1? Not sure what that is? Read here if you think you qualify as an individual with an “extraordinary ability” […]

]]>Are you in need of an EB-1? Not sure what that is? Read here if you think you qualify as an individual with an “extraordinary ability” in the sciences, arts, education, business, or athletes.

What is an EB-1?

“EB-1 Visas grant permanent residency to priority workers of “extraordinary ability” in the sciences, arts, education, business or athletics by meet 3/10 published criteria. Outstanding professors/researchers and certain executives/managers of foreign companies who are transferred to the U.S. also fit the EB-1 preference category.” -Music City Visa

There are 3 eligibility criteria you can have:

Extraordinary Ability

One must be able to show extraordinary abilities in the sciences, arts, education, business, or athletics with national or international acknowledgement.

Evidence: You must show 3/10 of these criteria

“Receipt of lesser nationally or internationally recognized prizes or awards for excellence

Your membership in associations in the field which demand outstanding achievement of their members

Published material about you in professional or major trade publications or other major media

Evidence that you have been asked to judge the work of others, either individually or on a panel

Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

Authorship of scholarly articles in professional or major trade publications or other major media

Evidence that your work has been displayed at artistic exhibitions or showcases

Evidence of your performance of a leading or critical role in distinguished organizations

Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

Evidence of your commercial successes in the performing arts”

-USCIS

2. Outstanding Professors and Researchers:

One must demonstrate international recognition for outstanding achievements in your particular field. However, must have at least 3 years of experience in researching or teaching in the specific area.

Evidence: Must have 2 of these documentations

“Receipt of major prizes or awards for outstanding achievement

Membership in associations that require their members to demonstrate outstanding achievement

Published material in professional publications written by others about the alien’s work in the academic field

Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

Evidence of original scientific or scholarly research contributions in the field

Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field”

-USCIS

3. Multinational Manager or Executive:

“You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer” –USCIS

Evidence: Your petitioner MUST be a U.S employer with at least 1 year of business.

What is the Application Process?

For the first “extraordinary ability” you must petition a Form I-140, Petition for Alien Worker. However, for both “Outstanding Professors and Researchers” and “Multinational Manager or Executive,” your employer must fill out the form I-140, Petition for Alien Worker.

]]>Are the the Bean Station immigrant detainees “marching” towards deportation?

Court bond hearings or motions to reopen prior removal orders is what would really make a difference.

Weeks have passed since the biggest raid in a decade took place at a meat packing plant in GRAINGER COUNTY, Tennessee. This situation stormed into the lives of hundreds, especially the families of undocumented immigrants. Many of those who are still arrested are now facing deportation and the sense of fear has overtaken the whole town; it has been reported that hundreds of kids did not attend school after the raid and teachers are concerned for the children’s well being as they try to comfort their classmates.

Expressions of support of those who feel that the community has been torn apart have quickly emerged, however, time is of the essence and, if efforts are not focused correctly, these families will be separated as deportation proceedings are on the works.

From his office in Tennessee, immigration lawyer, Sean Lewis, can’t hide his discomfort as he scrolls thru his computer screen reading a note about organizations gathering signatures to “tell ICE” to release the detainees. “Marches, banners and signature collections are completely inefficient,” says Lewis, “what they need is court bond hearings or motions to reopen prior removal orders”.

Years ago public outcry might have gotten ICE to listen and exercise discretion to release people who violate the immigration laws. Those days are long gone, and no-one can just “tell” ICE who is a deportation priority, not to deport people. Nowadays nobody is listening except the judges in court.

It is the immigration lawyer’s opinion that if people really want to help —and not just stirrup emotions— What they should be doing is informing the families and detainees about the concrete legal actions they are to take so that they can avoid deportation and begin a process that may hopefully result in legalizing their status in the country.

ICE is not marching so that undocumented immigrants leave the country. They are acting, running raids and using the established means to see that happen. Should you wish to help the families of those facing immigration detention, visit http://www.aila.org/ for a list of immigration lawyers that may represent them.

]]>https://immigrationnewsnetwork.com/uncategorized/raid-in-tennessee/feed/0https://immigrationnewsnetwork.com/uncategorized/raid-in-tennessee/Are you in need of a Temporary Non-Agricultural Worker Visa?http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/J-Mal4e41vo/
https://immigrationnewsnetwork.com/blog/need-temporary-non-agricultural-worker-visa/#respondMon, 09 Apr 2018 17:48:14 +0000http://immigrationnewsnetwork.com/?p=1992Sean Lewis can help you get a Temporary Non-Agricultural Worker Visa! Here are some frequently asked questions that we can help you answer! “The H-2B program allows […]

]]>Sean Lewis can help you get a Temporary Non-Agricultural Worker Visa! Here are some frequently asked questions that we can help you answer!

“The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for Nonimmigrant Worker, on a prospective worker’s behalf.” -USCIS

Who Qualifies?

Petitioner must show that:

Not are not enough workers in the U.S for job

Wages and conditions will be the same as the U.S workers

Services are temporary

One time

Seasonal

Peak-load

* INCREASE IN VISAS NOW!

“There is a statutory numerical limit, or “cap,” on the total number of foreign nationals who may be issued an H-2B visa or otherwise granted H-2B status during a fiscal year (FY). Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers who begin employment in the second half of the fiscal year (April 1 – September 30). “

Typically the temporary labor certification decides how long you can stay. It may be extended by 1 year. However, if it exceeds 3 years, individual must leave U.S for 3 months before seeking re-admission.

What about my family?

Thankfully we can help with that too!

“Any H-2B worker’s spouse and unmarried children under 21 years of age may seek admission in H-4 nonimmigrant classification. Family members are not eligible for employment in the United States while in H-4 status.”

Still confused on what you should do? Call us at 615-226-4236 or 615-ABO-GADO!

]]>https://immigrationnewsnetwork.com/blog/need-temporary-non-agricultural-worker-visa/feed/0https://immigrationnewsnetwork.com/blog/need-temporary-non-agricultural-worker-visa/Am I Eligible for a Temporary Agricultural Worker Visa?http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/QwkjzMCZpWw/
https://immigrationnewsnetwork.com/blog/h-2a-temporary-agricultural-worker/#respondMon, 02 Apr 2018 16:34:06 +0000http://immigrationnewsnetwork.com/?p=1981Have you been employed to work in the U.S? Want to see if you qualify for a H-2A Temporary Agricultural Worker Visa? Keep reading and find […]

]]>Have you been employed to work in the U.S? Want to see if you qualify for a H-2A Temporary Agricultural Worker Visa? Keep reading and find out if you are eligible! Don’t know what a H-2A is? Also, keep reading!

What is a H-2A Temporary Agricultural Worker?
A H-2A is a program that allows certain U.S employers to bring over migrate works in order to fill agricultural jobs, temporarily.

Who qualifies?
According to USCIS..
The petitioner must…

-Offer a job that is of a temporary or seasonal nature.
-Demonstrate that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work.
-Show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
-Generally, submit a single valid temporary labor certification from the U.S. Department of Labor with the H-2A petition. (A limited exception to this requirement exists in certain “emergent circumstances.” See e.g., 8 CFR 214.2(h)(5)(x) for specific details.)

What’s the process?
1. Petitioner must submit a temporary labor application to the Department of Labor. See more here.
2. Petitioner submits form I-129 to USCIS
3. Workers can then apply for visa/admission

How long can I stay?
Maximum period is 3 years.. Program can be extended in 1 year periods.

A person who has held H-2A nonimmigrant status for a total of 3 years must depart and remain outside the United States for an uninterrupted period of 3 months before seeking readmission as an H-2A nonimmigrant. Additionally, previous time spent in other H or L classifications counts toward total H-2A time. -USCIS

Will there be records for working?
Yes, yes and yes.

Employers certified under H-2A must keep accurate and adequate records with respect to the workers’ earnings as well as the hours each worker actually works. In addition the employer must retain a record of time “offered” to the worker but which the worker “refused” to work. Records must also include the time the worker began and ended each day, the rate of pay, the earnings per pay period, the worker’s home address, and the amount of and reasons for any and all deductions taken from the worker’s wages. These records must be kept for three years after the date of the H-2A certification. -Elaws

Can I bring my kids?
Yes, if they are under the age of 21, they may seek admission.

What’s the cost?
Cost varies according to case. Consult with Sean Lewis for exact fees.

]]>https://immigrationnewsnetwork.com/blog/h-2a-temporary-agricultural-worker/feed/0https://immigrationnewsnetwork.com/blog/h-2a-temporary-agricultural-worker/How can I apply for Asylum in the U.S?http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/jUagNTXp_U4/
https://immigrationnewsnetwork.com/blog/how-can-i-apply-for-asylum-in-the-united-states/#commentsMon, 26 Mar 2018 15:24:19 +0000http://immigrationnewsnetwork.com/?p=1964What is an Asylum? Did you come to the U.S for protection or for fear that you may suffer persecution? This issue happen more than people […]

Did you come to the U.S for protection or for fear that you may suffer persecution? This issue happen more than people think! Typical issues include race, religion, nationality membership in a particular social group, or political opinion. If you have suffered from any of these, you may be eligible to apply for Asylum for permission to stay in the U.S!

Be aware that if your case is not approved, you will be issued a Form I-862 to conduct a review and hearing by a judge (Executive Office for Immigration Review), instead of USCIS.

Defensive Asylum

“A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).” -USCIS

Also, is processed in two ways…

Individuals were considered ineligible for the affirmative asylum process

Individuals were placed in removal after being caught at entry of port or trying to enter the U.S without legal documentation.

Judge with then decide whether they are eligible for defensive asylum..

We strongly recommend you seek professional help to go through the process of applying for Asylum. Immigration attorney Sean Lewis has a vast experience in Asylum cases and will fight for you!

]]>https://immigrationnewsnetwork.com/blog/how-can-i-apply-for-asylum-in-the-united-states/feed/1https://immigrationnewsnetwork.com/blog/how-can-i-apply-for-asylum-in-the-united-states/How do I get a Fiancé Visa?http://feedproxy.google.com/~r/ImmigrationNewsNetwork/~3/NbIReSrC2vQ/
https://immigrationnewsnetwork.com/blog/need-fiance-visa/#respondMon, 19 Mar 2018 19:08:08 +0000http://immigrationnewsnetwork.com/?p=1943HIRING AN EXPERIENCED FIANCÉ VISA ATTORNEY MEANS YOUR CASE WILL RUN SMOOTHER! So you want a Fiancé Visa? Found love in a different place? We get […]

Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.

Filing Form I-485, Application to Register Permanent Residence or to Adjust Status

Although everyone wants to know an exact timeline, there isn’t. The process varies case to case. Not to mention, how correct the paperwork and forms are filled out. Process can take longer if a form is missing or filled out incorrectly, therefore, in order to ensure a quicker process, consult with Sean Lewis.

What comes after permanent residence?

On a “regular basis” there are requirements that allow for naturalization…

What are those requirements?

According to USCIS…

Continuous residence: Live in the United States as a permanent resident for a specific amount of time.

Physical presence: Show that you have been physically present in the United States for specific time periods.

Time in state or USCIS district: Show that you have lived in your state or USCIS district for a specific amount of time.

Good moral character: Show that you have behaved in a legal and acceptable manner.

English and civics: Know basic English and information about U.S. history and government.

Attachment to the Constitution: Understand and accept the principles of the U.S. Constitution.